The Michigan Supreme Court held that the Department of Health and Human Services (DHHS) was not required to make reasonable efforts to reunify the family because the respondent-parent subjected the child to aggravated circumstances, as defined under MCL 722.638(1) and (2), by facilitating criminal sexual conduct involving penetration, even though the parent did not personally commit the act.

Previously, the Court of Appeals found plain error after the Trial Court held that Respondent-Mother was not entitled to reasonable efforts to reunify her with her children and when it failed to inform Respondent-Mother of her right to appeal the Trial Court’s removal of the children from her care.

The Trial Court plainly erred when it found that Respondent-Mother was not entitled to reasonable efforts to reunify Respondent-Mother with her minor children and when it failed to inform Respondent-Mother of her appellate rights following the Trial Court’s removal of the children from Respondent-Mother’s care.

The Michigan Supreme Court determined that DHHS “has an affirmative duty to make reasonable efforts to reunify a family before seeking termination of parental rights.”

The trial court improperly terminated the respondent-mother’s parental rights because DHHS failed to make reasonable efforts to reunify the respondent with her children.